Wesley is an associate in STBB’s litigation department in Cape Town. Wesley obtained an LLB degree in 2014 and an LLM degree in Constitutional and Administrative Law in 2015. After completing his articles of clerkship with STBB, Wesley was admitted as an Attorney of the High Court in February 2018. Wesley specialises in sectional title dispute resolution, contractual litigation, public law, property law, evictions and debt collection. Wesley has experience with managing high caseloads and meeting deadlines simultaneously. Wesley’s experience includes advising on the High Court process, drafting memoranda of advice and conducting legal research, facilitating debt collection processes (High Court and Lower Courts), drafting and facilitating court processes, advising on mediation and arbitration processes, and managing disputes before the Rental Housing Tribunal and the Community Schemes Ombud Service.

Thought of the Week | Can an owner prohibit smoking in his unit?

To some sectional title owners, smoking is a deal breaker when renting their property to a tenant, but how far can an owner go to prevent this?

The Tobacco Products Control Act No 83 of 1993 regulates smoking in “public places”, which definition does not apply to private dwellings such as sectional title schemes.

Smoking on common property and in common areas of a scheme can be regulated by the scheme’s conduct rules, as imposed by the developer or body corporate, as smoking can be a nuisance to non-smoking tenants, and can also pose a fire risk to the building when lit cigarettes are disposed of incorrectly.

However, the regulation of smoking within a unit cannot be achieved through the conduct rules and should be dealt with specifically in the lease agreement concluded between the landlord and the tenant.

For more information or assistance, contact us at STBB.